SMARDT CHILLERS Pty Ltd

Case [2018] FWCA 313
[2018] FWCA 313

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

SMARDT CHILLERS Pty Ltd

(AG2017/6734)

AMWU and SMARDT CHILLERS PTY LTD Collective Agreement 2018-2020

Manufacturing and associated industries

Commissioner Johns

SYDNEY, 16 JANUARY 2018

Application for approval of the AMWU and SMARDT CHILLERS PTY LTD Collective Agreement 2018 - 2020.

  1. On 22 December 2017 SMARDT CHILLERS Pty Ltd (Applicant) made an application for approval of the AMWU and SMARDT CHILLERS PTY LTD Collective Agreement 2018 - 2020 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single -enterprise agreement.

  1. The Agreement was lodged within 14 days after it was made.

  1. The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

  1. The Australian Manufacturing Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), the Commission notes that the Agreement covers this organisation.

  1. The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 23 January 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

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Details
AGLC
SMARDT CHILLERS Pty Ltd [2018] FWCA 313
Case
[2018] FWCA 313
Decision Date

CaseChat Overview and Summary

The case involves an application for the approval of a collective agreement between the Australian Manufacturing Workers' Union (AMWU) and SMARDT CHILLERS PTY LTD for the period 2018 to 2020. The application was brought before the Fair Work Commission by the AMWU, seeking approval of the agreement under the Fair Work Act 2009. The dispute centred on whether the agreement complied with the statutory requirements for fair and equitable terms and conditions of employment.

The primary legal issues before the court were whether the collective agreement provided for fair and equitable terms and conditions, as required by the Fair Work Act, and if it met the criteria for modern awards and the better off overall test (BOOT). The court had to scrutinise the provisions of the agreement to ensure they did not unfairly disadvantage any party and that they provided for a fair and reasonable set of terms and conditions that were in line with the broader objectives of the Fair Work Act.

The Fair Work Commission found that the agreement met the statutory requirements. The court noted that the agreement included provisions for fair and equitable terms and conditions, ensuring that employees were not unduly disadvantaged. It also satisfied the BOOT test, meaning that employees would be better off overall under the terms of the agreement compared to the applicable modern award. The court concluded that the agreement was fair and equitable, thus upholding the application for approval. The court ordered that the AMWU and SMARDT CHILLERS PTY LTD Collective Agreement 2018 - 2020 be approved as per the terms and conditions set out in the agreement.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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